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Research About The Number Of Fine

Posted on:2009-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:H J DengFull Text:PDF
GTID:2166360245495829Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Now, penalty reprieve is taking more and more grounds, and the fine is of increased significance in the system of penalty. Of vital importance to the fine is number, which the whole thesis, comprising of five chapters is devoted to.The first chapter is dedicated to the generalization of some basic issues, namely the conception, the significance of study and the history. The study will further the legislation and the judiciary.The second chapter focuses on the principle of legislation, consisting of the definition of amount of fine, moderate degree of amount of fine, proper ratio between fine penalty and imprisonment, adapting Inflation continuously, relative equality of fine.The third chapter goes on to the mode of legislation and their advantages and disadvantages. The mode varies according to nations and phases, and in general, there are five modes, namely indefinite fine, definite fine, multiple-proportion fine and payment fine. In practice, the above five modes should be used as a whole to achieve out goal.The fourth chapter is concerned with defection and the perfection of the legislation of our country. As far as the defection is concerned, the principle of proper ratio between fine penalty and imprisonment is not established, and there are many descriptions between the principle and the mode. For instance, the adoption of the indefinite fine is excessive, and the span of the number of the definite fine is too wide, and so on. As far as the perfection is concerned, the principle of proper ratio between fine penalty and imprisonment should be established and the adoption of the indefinite fine should be limited, and so on.The last chapter is devoted to several issues in the judiciary discretion. The number of the fine should go with the circumstances of the crime and the economics statues. And this chapter goes further to the discretion of the number of fine in the case of optional fine and the compulsory fine. And the fine exercised to the recidivists is also mentioned.
Keywords/Search Tags:the number of fine, principles of legislation of the number of fine, amount model of fine, the measurement of concrete fine number
PDF Full Text Request
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